[2011]DLSC2642 • June 1, 2011 • Supreme Court •
LYDIA ANANE ASAMOAH vs. JENNIS MARFO
The appellant, as plaintiff in the High Court, Kumasi, sued the respondent for recovery of US$130,000 allegedly paid under a contract for the supply of second-hand clothing between December 2004 and April 2005, which goods were allegedly not delivered and the money not refunded. The respondent entered appearance but failed to file a statement of defence within time. The appellant then moved the High Court for judgment. Although the writ claimed US$130,000, the affidavit in support of the motion referred to US$92,600, and the trial court entered final judgment for US$92,600 with interest and costs. The respondent later applied to set aside the judgment, contending among other things that the motion fixed for 13 December 2005 was taken on 14 December 2005 without notice and that the judgment was irregular. Source in judgment: opening paragraphs setting out the reliefs claimed; the narration that the respondent entered appearance but failed to file defence; and the later discussion of the discrepancy between the writ amount and the amount awarded.
read moreANIN YEBOAH JSC The appellant herein was the plaintiff in a suit at the High Court, Kumasi. Her claim against the respondent herein as defendant at the High Court was for the following reliefs: “1. An order for the payment of the sum of US$130,000 (One Hundred and Thirty Thousand United States Dollars) being the price agreed upon by the plaintiff and Defendant herein pursuant to a contract entered into between the parties herein for the defendant to supply to the plaintiff herein second-hand clothing between 26th December 2004 and April 2005 which clothing the defendant failed to deliver to the plaintiff herein and which amount the defendant has failed to refund to the plaintiff herein despite repeated demand. 2. Interest on the said sum of US$130,000.00 (One Hundred and Thirty Thousand United States Dollars) from May 2005 till date of final payment at the prevailing commercial bank rate” The respondent entered appearance but failed to file any statement of defence withi...